[2022] KEHC 12834 (KLR)
The court found that the accused, Fredrick Onyango Sijenyi, was guilty of the unlawful and intentional killing of Millicent Atieno Ogolla, constituting murder under Kenyan law. The evidence established that the killing was a result of domestic and gender-based violence, with the accused inflicting multiple serious...
Source-derived case information.
- Citation
- [2022] KEHC 12834 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Fredrick Onyango Sijenyi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E035 of 2021
- Procedural Posture
- Criminal Case / Sentencing Ruling Post Conviction
- Outcome
- conviction_and_sentence
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing Guidelines, Domestic Violence, Gender Based Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Fredrick Onyango Sijenyi
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling Post Conviction
Legal Issues
- 1 Whether the accused person is guilty of the murder of Millicent Atieno Ogolla.
- 2 What is the appropriate sentence for the accused upon conviction for murder under the Penal Code and relevant sentencing guidelines.
Ratio Decidendi
The court found that the accused, Fredrick Onyango Sijenyi, was guilty of the unlawful and intentional killing of Millicent Atieno Ogolla, constituting murder under Kenyan law. The evidence established that the killing was a result of domestic and gender-based violence, with the accused inflicting multiple serious injuries on the deceased. The court rejected the accused's claims of innocence and lack of remorse, noting the gravity and brutality of the offence. While the Penal Code prescribes the death penalty for murder, the court exercised its discretion in line with the Supreme Court's guidance in the Muruatetu case and the Judiciary Sentencing Policy Guidelines, considering the...
Court Disposition
conviction_and_sentence
Orders
- The accused, Fredrick Onyango Sijenyi, is sentenced to forty (40) years imprisonment to be calculated from the date of his arrest.
- Right of appeal to the Court of Appeal is guaranteed within 14 days.
Full Case Text
Judgment text and source record
21 paragraphs
State v Sijenyi (Criminal Case E035 of 2021) [2022] KEHC 12834 (KLR) (17 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12834 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E035 of 2021
RE Aburili, J
August 17, 2022
Between
State
Prosecution
and
Fredrick Onyango Sijenyi
Accused
Ruling
1. Following the conviction of the accused person Fredrick Onyango Sijeny for the murder of Millicent Atieno Ogola, I have considered the circumstances under which the deceased Millicent Atieno Ogolla was unlawfully killed. From the evidence on record, this was a clear case of domestic violence and gender based violence (GBV)There is no reason why the accused herein butchered the deceased to death. From the serious multiple injuries that she suffered on the body, it was indicative of the sole intention of the accused being to eliminate her completely. The deceased was a helpless lady. She ran for her life to the home of PW1 and PW3 to escape the massacre by the accused who unfortunately followed her there, dragged her back and killed her in cold blood and yet he maintains that he is innocent. That innocence is displaced by cogent evidence adduced by the prosecution witnesses against the accused.
2. This court does not believe that the accused is remorseful from his appearance. He is a dangerous deceitful person who pretends that he is innocent and that the deceased used to help him. The accused is concerned that if he is jailed, his land will be sold by his elder brother. There is no connection between the unlawful gruesome murder of the deceased Millicent Atieno Ogolla and the brother of the accused who has land issues in the accused person’s family.
3. The mitigation by the accused are noted and considered but the deceased left behind children who lived and depended on her and being a widow, the accused went to inherit her only to send her to the grave quite early.
4. Punishment for murder under section 204 of the Penal Code is death. However, applying the sentencing guidelines espoused in the Francis Muruatetu case and the Judiciary Sentencing Policy Guidelines, I hereby exercise discretion and sentence the accused person herein Fredrick Onyango Sijenyi to serve forty (40) years imprisonment to be calculated from the date of his arrest as he has been in remand custody.
5. Right of Appeal to the Court of Appeal is guaranteed and explained to be 14 days of today. File closed
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 17THDAY OF AUGUST, 2022R.E. ABURILIJUDGE